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PC R 92-1401zs� RFSOLUTION NO. 92-1401 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 92-500, FOR EXPANSION OF AN EXISTING USED CAR SALFS LOT ONTO AN ADJACENT PROPERTY BY WAYNE MEADOWS/VAItIETY MOTORS AT 319 AND 401 GRANll AVENUE; ADOPTION OF A NEGATIVE DECLARATION AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERNIINATION. WHEREAS, the Planning Commission of the City of Anoyo Grande has considered Condidonal Use Permit Case No. 92-500, filerl by Wayne Meadows, to expand an existing used car sales lot onto an adjacent property, in the Highway Commercial Zone; and WHEREAS, the Planning Commission has held a public hearing on this applicakion in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration can be adopted, and instructs the Secretary to file a Notice of Determination; and W�IEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. . The proposed use is permitted within the Highway Commercial district pursuant to the provisions of Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code except as specified in Variance Case No. 92-172, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. 3. � 5. The proposed use will not impair the integrity and character or the district in which it is to be established or located. The site is suitable for the type and intensity of use or development that is proposed because all setbacks, parking, and vehicle queuing can be provided on-site. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. DEPARTMENT OF FISH AND GAME REQUIRED FINDINGS OF EXEMPTION 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 92-500 and Variance Case No. 92-172. 2. Based on the initial study, a negative declaration drafted for review by the public and review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the Planning Commission adopted the negative declaration and found that there is no substantial�evidence of any significant adverse effect, either individually or cumulatively-on wildlife resources as defined by Section 711.2 of the Fish and Game , Code or on the habitat upon which the wildlife depends as a result of development of this project. Resolution No. 92-1401 Conditional Use Permit Case No. 92-500 Wayne Meadows/Variety Motors December 15, 1992 Page Two NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said conditional use permit, subject to the standard conditions of the City and those conditions listed below: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. 1'his application shall automatically expire on December 15, 1994 unless a building permit is issued and substantial construction is commenced and diligently pursued toward completion, or a Certificate of Occupancy is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply to the Planning Commission for an extension of one (1) year from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 15, 1992 and marked "Exhibit A" excepted as expressly modified herein. A Certificate of Occupancy shall not be issued until all the improvements shown on Exhibit A and specified herein are completed. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or er�ployees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 5. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed prior to final occupancy. Planning Department Conditions 6. Development shall conform with the HC zoning requirements unless otherwise approved. 7. 8. 9. All existing Taco Grande signs shall be removed prior to issuance of a Certificate of Occupancy for the business. Prior to issuance of a Certificate of Occupancy, the former fast food restaurant shall be painted to match the existing car sales office. All new business signage shall be subject to sign permit requirements as specified in chapter 9-13 of the Development Code. � , 10. Development and operation of the auto dealership shall comply with the provisions of Section 9-11.050 of the Development Code except as expressly waived through approval .�,,, .Cas� number 92-172. -. \ , �' _ :...� - . . .. .. , n . . . � . . 'F ' . , • . ' • .' . � . . 11. , Operation of the vehicle repair facility shall comply with the provisions of Section 9- 11.200 of the Development Code except as expressly waived through approval of Variance Case Number 92-172. �s� • � � Resolution No. 92-1401 Conditional Use Permit Case No. 92-500 Wayne Meadows/Variety Motors December 15, 1992 Page Three 12. Prior to issuance of a Certificate of Occupancy, the paved area of both properties shall be sealed and striped as shown on exhibit A, with the exceptions that: 1) The entry arrow on the larger, center driveway will be identical to the entry arrow for the smaller driveway. Instead of the single arrow, it will be a two pronged arrow that indicates "Service" to the left and "Sales" to the right; and 2) The striped area in front of the office will be delineated as the vehicle service drop-off parking space. Architectural Advisory Committee Conditions 13. Plant materials shall be reviewed and approved by the Director of Parks and Recreation. The AAC recommends that the plant materials in the pots include a small tree or upright shrub with perennials planted around the base of the larger plant. Police Department Conditions 14. Prior to issuance of a Certificate of Occupancy, the applicant shall post signs, to the approval of the Police Department, to deter parking in the unused driveway aprons. On motion of Commissioner Tappan, seconded by Commissioner Carr, and on the following roll call vote, to wit: AYES: Commissioners Moore, NOES: None ABSENT: None Tappan, Carr, Reilly, and Chairman Soto the foregoing Resolution was passed and adopted this 15th day of December, 1992. ATTEST: � O.�n, Nancy Bro , Commission Clerk Jo n So o, air � .�,,... �-•�.. r', " :',�" , . . � ..,, . . � .